Case Information
C.J.] IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 27 EAP 2016
Appellee : Appeal from the Judgment : Court entered January 8, No. : 929 EDA 2014 (reargument denied : February 26, 2016), reversing and v. remanding February 28, 2014 Order : : the Court Common Pleas, LEON MILLS, : Philadelphia County, Criminal Division
: at Nos. CP-51-CR-0007377-2011 Appellant : CP-51-CR-0007379-2011.
: ARGUED: May 10, CONCURRING OPINION
JUSTICE WECHT DECIDED: June 20, join the learned Majority full.
I write separately to address concept "judicial delay," emphasize my view correct that "judicial delay" serves Rule 600 analysis.' Majority notes that, pursuant Court's precedents, including our decision Bradford, 46 A.3d 693, 2012), "periods of judicial excludable calculations" under Rule 600. Maj. Op. at 4. The Majority then explains courts must apply "judgment distinguishing between delay attributable the court and that which should allocated party." Finally, Majority astutely observes that courts have the discretion differentiate between the time that passes during the normal progress criminal case and the
Pa.R.Crim.P. 600. *2 time that elapses when the court's calendar simply cannot accommodate by the relevant date. My concern that our courts too often make these judgments without first considering the Commonwealth's due diligence obligation.
Characterization delineation the contested time periods always an easy task. Difficulty can arise, as in this case, when both "judicial delay" and the Commonwealth's due diligence obligation appear as options for the court. However, these two options are not equal, to be selected at the court's discretion. Nor can "judicial delay" be substituted for diligence. Rather, due be proven by Commonwealth, assessed by the court, before "judicial delay" becomes consideration the time calculation for Rule 600. Commonwealth bears the burden proving acted with due diligence,
see Commonwealth v. Browne, 584 A.2d 902, 908 (Pa. 1990), and the duty so to act extends to all stages criminal case. v. Burno, A.3d 764, 2017); Commonwealth Hawk, 597 A.2d 1141, 1145 (Pa. 1991). Subsection (C)(1) of the Rule provides the computational methodology that courts must utilize determine whether there was violation speedy trial right. That subsection states that "periods of delay any stage of the proceedings caused by failed exercise shall included computation time within which trial must commence. Any other periods of delay shall excluded computation." Pa.R.Crim.P. 600(C)(1). This subsection unfortunately model clarity, evidenced reasonable debate over the meaning of the term "delay" offered the parties' briefs case. linear reading provisions requires courts first consider Commonwealth's causing the delay issue. Only has *3 discharged its duties with diligence should a court consider other causes for the delay.
Rule 600's comment supports order inquiry, noting that Subsection (C)(1) "makes it clear that any commencement of the trial is attributable to has acted must excluded from the computation Stated differently, time." Cmt. Commonwealth's demonstration that it acted with due at all times a prerequisite considering whether the delay was caused a court's calendar, or by some other form of "judicial delay." "When a case has possible Rule [600] problems, prosecutors must do everything reasonable within their power see that the case is tried time." Smith, 383 A.2d 1280, 1282 1978). At minimum, this well -settled precept requires that, when faced with a court seeking set date beyond the Rule 600 deadline, demonstrate that it has acted with due diligence and must inform the court that the date being contemplated would violate Rule. mechanism or totem that exempts the Commonwealth its obligations under Rule. may invoked only after the Commonwealth demonstrated that it ready, able, and willing proceed with the case against the
defendant. Otherwise, diligence component Rule 600 would have little, if any, meaningful import.
Our recent decision Bradford instructive.2 The Commonwealth charged with rape and related offenses, established prima facie case for those Due to the anomalous circumstances seems unlikely that case similar fact pattern would appear before this Court. After Bradford, can be hoped that Pennsylvania prosecutors longer rely exclusively upon court systems advance cases through the criminal justice process, without any internal tracking system.
(continued...) *4 crimes preliminary hearing. At point, the Commonwealth turned over all of its materials the magisterial district judge ("MDJ"), and kept other records existence the case. The paperwork got lost, and Bradford remained jail for over one year without formal arraignment. The case stood still the lost paperwork.
The facts undoubtedly distinctive. rare indeed when case comes complete halt without anyone from the prosecutor's office noticing, particularly when charges are so severe. The peculiarity circumstances notwithstanding, this Court engaged rather straightforward Rule 600 analysis. As the Majority notes, we recognized "judicial delay" concept, ultimately determined that Bradford's case was attributable judiciary, not to Commonwealth. 46 A.3d 702-05. However, we so only after finding that the Commonwealth had exercised relying upon the MDJ's office advance the case. Id.
The paradigm consistent under both the terms the Rule and our Rule 600 jurisprudence. assessed simultaneously diligence. "Judicial delay" becomes relevant only after proven its compliance with the due diligence mandate. As the Majority concludes, Court altered this paradigm. Because the Superior Court's ruling was inconsistent with our Rules and precedents, be reversed.
Justice Todd Justice Donohue join this concurring opinion.
(... continued) presented an appropriate record opportunity, would
reconsider Bradford's due diligence analysis. Under circumstances that case, I align more with the discussion offered there Chief Justice Saylor his learned dissent. Regardless, the propriety Bradford presently before this Court.
[J-47-2017] [MO: Saylor, C.J.]